1. 1. Subject to subregulation (2), on application for admission of a learner to a public school, the parent of the learner must show proof that the learner has been immunised against—
      1. (a) polio;
         (b) measles;
         (c) tuberculosis;
         (d) diphtheria;
         (e) tetanus; and
         (f) hepatitis B.
   2. A parent of a learner may apply in writing to the HOD for exemption of that learner from being immunised: Provided that the medical diagnoses of the learner is supported by a motivation from a healthcare practitioner registered with the Health Professions Council of South Africa who is suitably qualified to determine that the learner should be exempted.
   3. The motivation referred to in subregulation (2) must clearly state the medical diagnosis, risks, and reasons why the learner should not receive immunisation and if necessary, the HOD may request further medical assessments before deciding.
   4. If the motivation for exemption from immunisation is based on cultural or religious observances, the motivation must be supported by proof of past conduct in support of the cultural or religious practice which proof may include—
      (a) a sworn affidavit;
      (b) confirmation from a recognised religious or cultural leader; or
      (c) historical medical records showing prior exemptions based on religious or cultural beliefs.
   5. Upon receipt of an exemption application the HOD must—
      (a) acknowledge receipt of the application within seven working days of receiving the application;
      (b) conduct an initial assessment to verify completeness and request any missing information within fourteen working days of receiving the application;
      (c) consider and decide on the application within thirty working days of receiving a complete application;
      (d) if the application is granted, provide the parent with written confirmation of the exemption; and
      (e) if the application is declined, provide the parent with the decision in writing together with reasons.
   6. If a parent is unable to show proof that the learner has been immunised or proof of exemption from immunisation by the HOD, the principal of the public school must immediately advise the parent that—
      (a) the learner must be immunised as part of the free primary health care programme within thirty days; and
      (b) in the best interests of other learners at the school, the learner will not be permitted on school premises or admitted to the school while he or she has not been immunised or exempted from immunisation.
   7. If the parent refuses or fails, within thirty days from the date of the written communication referred to in subregulation (6), to submit proof of immunisation or exemption from immunisation, the principal of the public school must, in the best interest of other learners at the school, not admit the learner to the school.

1. 1. The HOD has final authority to admit a learner to a public school, after consultation with the governing body of the school but such authority does not override any appeal decision taken by the Member of the Executive Council in terms of section 5(9) of the Act.
   2. Before exercising the authority to admit a learner to a public school, the HOD must inform the governing body of the public school in writing of his or her intention to exercise this authority and provide a reasonable opportunity for the governing body to respond.
   3. The written notice to the governing body of the public school must include the reasons and key factors that informed the HOD’s decision.
   4. In making a final admission decision, the HOD must consider–
      (a) the best interests and specific needs of the learner, including the learner’s age and education support needs;
      (b) the resources available at the public school and within the Department to accommodate the learner;
      (c) the public school’s capacity and space availability in line with applicable capacity regulations and norms and standards;
      (d) the public school’s admission policy and its compliance with the law;
      (e) the availability of capacity in neighbouring schools;
      (f) the broader needs of the community and access to alternative schools;
      (g) any plans for school development or expansion in the area;
      (h) all representations made by the governing body; and
      (i) any other relevant considerations.
   5. The HOD may only place a learner in a public school if—
      (a) the school has space to accommodate the learner;
      (b) the school can meet the learner’s education needs;
      (c) the necessary resources are available or can be provided; and
      (d) there is no pending appeal by the parent or learner under section 5(9) of the Act.
   6. Once a decision is made, the HOD must notify the governing body of the public school in writing, providing reasons and informing the governing body of its right to appeal the decision under section 5(11) of the Act.

Removal of learner from register of admissions

1. 1. The name of a learner must be removed from a school’s register of admissions when the learner—
      (a) leaves the school after grade 12 or after completion of the highest grade offered or after completing the compulsory school attendance period, or is granted exemption from compulsory attendance in terms of section 4 of the Act;
      (b) applies for a transfer to another school and the transfer is effected;
      (c) is expelled from school;
      (d) is registered for home education;
      (e) is continuously absent as contemplated in the Policy on Learner Attendance published in General Notice No. 361 in Government Gazette No.33150 of 4 May 2010;
      (f) does not return to the school and the parent has notified the school that the learner would not return to the school; or
      (g) is deceased.

A learner may not be refused admission on grounds that constitute unfair discrimination, including grounds such as race, ethnic or social origin, nationality, colour, gender, sex, age, disability, sexual orientation, religion, conscience, belief, culture, language, pregnancy, HIV and AIDS status, or any other illness.

1. 1. The Act and these Regulations apply equally to learners who are not citizens of the Republic of South Africa.
   2. In terms of the applicable legislation, non-South African citizens are categorised as–
      (a) foreigners who are in possession of a temporary residence visa, permanent residence permit or any other special dispensation residence document issued by the Department of Home Affairs in terms of the Immigration Act, 2002 (Act No. 13 of 2002); or
      (b) foreigners who are in possession of an asylum seeker visa or refugee visa issued by the Department of Home Affairs in accordance with sections 22 and 24 of the Refugees Act, 1998 (Act No. 130 of 1998), respectively.
   3. Where the parents of a learner are foreign nationals and hold permanent or temporary residence permits, the following documentation must be submitted as part of an application for admission of the learner to a public school:
      (a) A certified copy of the learner’s birth certificate issued by the relevant authority from his or her country of origin;
      (b) where the learner was born in the Republic of South Africa, a certified copy of the learner’s birth certificate issued by the relevant authority from his or her country of origin or the learner’s birth certificate issued by the Department of Home Affairs in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992);
      (c) a certified copy of the learner’s study visa or permanent or temporary residence permit (as applicable);
      (d) a certified copy of the learner’s identity document from his or her country of origin if he or she is 16 years and above, or a certified copy of the learner’s passport;(e) certified copies of the parents’ passports;
      (f) certified copies of the parents’ permanent or temporary residence permits (as applicable); and
      (g) the applicable documents contemplated in regulations 13 and 14.
   4. Where the parents of a learner are refugees or asylum seekers, the following documentation must be submitted as part of an application for admission of the learner to a public school:
      (a) A certified copy of the learner’s birth certificate issued by the relevant authority from his or her country of origin; or
      (b) where the learner was born in the Republic of South Africa, a certified copy of the learner’s birth certificate issued by the relevant authority from his or her country of origin or the learner’s birth certificate issued by the Department of Home Affairs in accordance with the Births and Deaths Registration Act, 1992;
      (c) a certified copy of the refugee permit issued in terms of section 24 of the Refugees Act, 1998 or asylum seeker visa issued in terms of section 22 of the Refugees Act, 1998, as applicable;
      (d) certified copies of the parents’ refugee permit issued in terms of section 24 of the Refugees Act, 1998 or asylum seeker visa issued in terms of section 22 of the Refugees Act, 1998, asapplicable; and
      (e) the applicable documents contemplated in regulations 13 and 14.
   5. If a parent of a foreign learner applies to a public school for the admission of that learner and the name of the learner does not appear as a dependant of the parent concerned on the documents required in terms of these Regulations for that particular learner, the public school must admit the learner on the basis of the available documents required in terms of these Regulations where the learner is eligible for admission.
   6. Subregulation (5) applies if it cannot reasonably be established whether the parent is the legal guardian of the learner, or if it is not clear what the relationship between the parent and the learner is, provided that in such cases, and to prevent human trafficking, the parties concerned must be referred to the Department of Justice, the Department of Correctional Services and the Department of Social Development to obtain the required confirmatory documentation.
   7. Where reasonable doubt exists regarding the authenticity of information and documentation submitted in terms of this regulation, the principal of the public school must submit all documents and information received, together with the application for admission of the learner, to the nearest office of the Department of Home Affairs for authentication while the learner concerned receives education in the school.

Admission of undocumented learners

1. 1. The right to basic education extends to everyone within the boundaries of South Africa, regardless of their nationality and immigration status.
   2. Learners without valid documentation are equally entitled to admission to public schools as documented learners: Provided that their parents submit, within the time frames contemplated in regulation 13, their admission applications in the ordinary course, together with all the required documents that are available to them or a sworn affidavit explaining why they are unable to provide such documents.
   3. The principal of a public school must within seven working days of admission report to the HOD or the designated education district official any instance where a learner is admitted without valid documentation.
   4. The HOD or a person duly authorised by him or her must, while the undocumented learner receives education—
      (a) hold the parents of such learner accountable for acquiring a birth certificate for such learner; and
      (b) offer such parents assistance, which may include liaising with the nearest office of the Department of Home Affairs for assistance, to ensure that an undocumented learner admitted to a public school is documented.

Learners with special education needs

1. 1. An ordinary public school must admit learners with special physical education needs, where this is reasonably practicable.
   2. The HOD must make the necessary arrangements, where reasonably practicable, to ensure that facilities and support at ordinary public schools are accessible to learners with special education needs.
   3. Where the necessary facilities and support required to facilitate the integration of a learner with special education needs in an ordinary public school cannot be provided by the Department, the principal of the ordinary public school must refer the application for admission to the HOD to arrange for the learner to be admitted to a suitable public school in the relevant province.
   4. Before the HOD seeks admission of the learner in a suitable public school in the province as contemplated in subregulation (3), the HOD or a person duly authorised by him or her must arrange for consultation with the parents of the learners, School Management Team and appropriate educators of the ordinary public school that received an admission application for the learner and the relevant District Officials to assess the learner’s special education needs and identify appropriate education options for the learner.
   5. The HOD must approve, in writing, the admission of a learner to a suitable public school in the relevant province after the assessment and consultation required in subregulation (4) have been undertaken and the parents of the learner have agreed to the admission of the learner to the identified suitable public school.
   6. The process referred to in subregulations (3) to (5) must be handled as a matter of urgency to facilitate the admission of the learner as soon as reasonably possible to ensure that the learner is not prejudiced in receiving appropriate education.

School zoning

1. 1. A HOD may, after consultation with the governing bodies, determine feeder zones for public schools, in order to control the learner numbers of schools and co-ordinate parental preferences.
   2. Such feeder zones need not be geographically adjacent to the school or each other.
   3. When considering the feeder zones, the HOD must consider all the relevant information, including but not limited to—
      (a) the capacity of the school and schools in the area to accommodate learners;
      (b) the language and curricula offered at the school and the schools in the vicinity;
      (c) information and projections regarding area population density, learner population density and learner enrolment;
      (d) the need for geographical and spatial transformation; and
      (e) whether the school has boarding facilities and, if so, the need to ensure the school is accessible to learners requiring placement in such facilities.
   4. Feeder zones must be reviewed from time to time as the circumstances dictate.
   5. The HOD may exclude certain categories of schools, such as Special Schools and Focus Schools, from the feeder zone determination based on those schools’ circumstances.
   6. If a feeder zone is created, the following principles must be applied:
      (a) Preference must be given to a learner—
      (i) whose parent lives in the feeder zone of the school, closest to the school;
      (ii) who has a sibling in the school in the year for which admission is sought;
      (iii) whose parent’s work address is in the feeder area; (b) a learner who lives outside the feeder zone is not precluded from seeking admission at whichever school he or she chooses;
      (c) a learner who lives within the feeder zone of school A must be referred to the neighbouring school B if school A is oversubscribed. If school B is oversubscribed, an alternative school within a reasonable distance must be found by the HOD or a person duly authorised by him or her. If that is not possible, school A must admit the learner.
   7. A school with a specific field of specialisation, such as a technical school, must have a much larger feeder zone to accommodate learners with specific aptitudes, interests or needs.